Henry Ponchard again made an appearance at the bench of the Wangaratta Court on December 3rd 1858. This time it was not for the granting of a license but as the defendant in a case over the ownership of some livestock. A transcript of the evidence appears below :
Banks
V
Ponchard
Detention of a Cow and Calf.
"I have seen the cow in the possession of the Police. She is a heifer the progeny of a cow given to my wife by her father - It is now branded D.I. reversed on cheek and shoulder - I am not aware that she was ever in Pound." (This testimony by John Banks though not specified)
William Grover
"I have seen the heifer outside branded D.I. on shoulder and cheek. She has a young calf at foot. She belongs to John Banks. I branded her for him about eighteen months ago. She was never impounded."Henry Ponchard
"I bought the heifer in dispute out of the Pound at Wangaratta on the 6th of January last. She was then eight or nine months old, unbranded - It got out of my paddock and joined some other cattle on the other side of the river - I did not brand my heifer - She is twenty or twenty-one months old - I often saw her after she got away - She was with Mrs Meldrum's cattle - I offered young Evans 10 shillings to bring in his heifer - I bought this heifer and its mother."George Gilbert
"I have seen the heifer in dispute - I cannot positively say now who she belongs to."Charles Lewis
"I have seen the heifer in dispute. It is Ponchard's beast. I often tried to fetch it in but had no other cattle to get her in with - I never noticed a brand on her."Samuel Lewis
"I know nothing about this heifer."William Evans
"I know the heifer - I knew it when it was a calf and brought it in for its branding - I saw it every day with my cow - I milked its mother - It is Bank's property - You did not offer me ten shillings to fetch over the heifer." (I have so far been unable to find a record of the result of this case)Henry again appeared before the Magistrate in Wangaratta on the 30th of October, 1861. This time it was in a civil case.
Dalrey V Ponchard
Cause - Non payment of wages totalling £30
Decision - Wages awarded £30 Pounds. Costs £1/4/6. 7 days time for payment.On December 20, 1861, Henry appeared before the bench once more, but this time it was before the Wangaratta County Court.
Halvey V Ponchard
£ 45 - 0 - 0
Verdict & Consent
Costs £1 - 12 - 6It would appear that the two cases above are the same, in different courts, despite the variation in the spelling of the names.
Their 6th child, William Edward Ponchard, appears to have been born around this time. William Edward Ponchard was Baptised at St. Patrick's Roman Catholic Church on April 7, 1861 and this entry also gives his date of birth as March 1859? The Godparents in this entry are "John and Catherine Ponchard" who were the two oldest surviving children of Henry and Elizabeth. Again there is no entry in the Victorian Index for the birth of this child so the actual date is a matter of conjecture.
On the 8th of January 1862 it was not Henry Ponchard that appeared before the court but his son John, who would have been just over 12 years old.
Complainant - Bridget Johnson
Defendant - John Ponchard
Charge - Using abusive words re-
Decision - Postponed till Friday.10th January 1862
Complainant - Bridget Johnson
Defendant - John Ponchard
Charge - Using obscene language re-
Decision - To be imprisoned for 3 hours.The "Ovens and Murray Advertiser" dated Tuesday, 8 August, 1862, has a listing of "Title Deeds ready at the Receipt and Pay Office, Beechworth, for delivery........ ......Ponchard, H. 3"